Illinois 100th Regular Session Status: Enacted Bipartisan · 2 R · 2 D cosponsors

SB 3404 — SEXUAL VIOLENCE-HIGHER EDUC

Last action — Public Act . . . . . . . . . 100-1087

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2018. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    0 primary, 6 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.

Bill Text

What changed in the latest version

629 added · 467 removed

Plain-language change summary

The recent amendments to SB 3404 introduced comprehensive requirements for higher education institutions to create and implement policies addressing sexual violence, domestic violence, dating violence, and stalking. Notably, the updated policy must include a clear definition of consent, emphasizing that consent must be freely given and can be withdrawn at any time, among other important clarifications. This change is significant as it aims to enhance the protection of students and create a safer campus environment by ensuring everyone understands the principles of consent and the seriousness of these issues.

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SB3404 Engrossed LRB100 19981 MRW 35262 b AN ACT concerning criminal law.
SB3404 Enrolled LRB100 19981 MRW 35262 b AN ACT concerning criminal law.
(1) A definition of consent that, at a minimum, recognizes that (i) consent is a freely given agreement to sexual activity, (ii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iii) a person's manner of dress does not constitute consent, (iv) a person's consent to past sexual activity does not constitute consent to future sexual activity, (v) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual SB3404 Engrossed - 2 - LRB100 19981 MRW 35262 b activity with another, (vi) a person can withdraw consent at any time, and (vii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
(1) A definition of consent that, at a minimum, recognizes that (i) consent is a freely given agreement to sexual activity, (ii) a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent, (iii) a person's manner of dress does not constitute consent, (iv) a person's consent to past sexual activity does not constitute consent to future sexual activity, (v) a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual SB3404 Enrolled - 2 - LRB100 19981 MRW 35262 b activity with another, (vi) a person can withdraw consent at any time, and (vii) a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
(B) The name, title, and contact information for confidential advisors and other confidential resources SB3404 Engrossed - 3 - LRB100 19981 MRW 35262 b and a description of what confidential reporting means.
(B) The name, title, and contact information for confidential advisors and other confidential resources SB3404 Enrolled - 3 - LRB100 19981 MRW 35262 b and a description of what confidential reporting means.
(3) The higher education institution's procedure for responding to a report of an alleged incident of sexual violence, domestic violence, dating violence, or stalking, including without limitation (i) assisting and interviewing the survivor, (ii) identifying and locating witnesses, (iii) contacting and interviewing the respondent, (iv) contacting and cooperating with law SB3404 Engrossed - 4 - LRB100 19981 MRW 35262 b enforcement, when applicable, and (v) providing information regarding the importance of preserving physical evidence of the sexual violence and the availability of a medical forensic examination at no charge to the survivor.
(3) The higher education institution's procedure for responding to a report of an alleged incident of sexual violence, domestic violence, dating violence, or stalking, including without limitation (i) assisting and interviewing the survivor, (ii) identifying and locating witnesses, (iii) contacting and interviewing the respondent, (iv) contacting and cooperating with law SB3404 Enrolled - 4 - LRB100 19981 MRW 35262 b enforcement, when applicable, and (v) providing information regarding the importance of preserving physical evidence of the sexual violence and the availability of a medical forensic examination at no charge to the survivor.
(7) A statement notifying survivors of the interim protective measures and accommodations reasonably available from the higher education institution that a survivor may request in response to an alleged violation of the comprehensive policy, including without limitation changes to academic, living, dining, transportation, and SB3404 Engrossed - 5 - LRB100 19981 MRW 35262 b working situations, obtaining and enforcing campus no contact orders, and honoring an order of protection or no contact order entered by a State civil or criminal court.
(7) A statement notifying survivors of the interim protective measures and accommodations reasonably available from the higher education institution that a survivor may request in response to an alleged violation of the comprehensive policy, including without limitation changes to academic, living, dining, transportation, and SB3404 Enrolled - 5 - LRB100 19981 MRW 35262 b working situations, obtaining and enforcing campus no contact orders, and honoring an order of protection or no contact order entered by a State civil or criminal court.
(10) A statement of the higher education institution's obligation to include an amnesty provision that provides immunity to any student who reports, in good faith, an alleged violation of the higher education institution's comprehensive policy to a responsible employee, as defined by federal law, so that the reporting student will not receive a disciplinary sanction by the institution for a student conduct violation, such as underage drinking or possession or use of a controlled substance, that is revealed in the course of such a report, unless the SB3404 Engrossed - 6 - LRB100 19981 MRW 35262 b institution determines that the violation was egregious, including without limitation an action that places the health or safety of any other person at risk.
(10) A statement of the higher education institution's obligation to include an amnesty provision that provides immunity to any student who reports, in good faith, an alleged violation of the higher education institution's comprehensive policy to a responsible employee, as defined by federal law, so that the reporting student will not receive a disciplinary sanction by the institution for a student conduct violation, such as underage drinking or possession or use of a controlled substance, that is revealed in the course of such a report, unless the SB3404 Enrolled - 6 - LRB100 19981 MRW 35262 b institution determines that the violation was egregious, including without limitation an action that places the health or safety of any other person at risk.
(b) If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making such SB3404 Engrossed - 7 - LRB100 19981 MRW 35262 b sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
(b) If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making such SB3404 Enrolled - 7 - LRB100 19981 MRW 35262 b sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.
(1) tastes, but does not imbibe, alcoholic liquor only SB3404 Engrossed - 8 - LRB100 19981 MRW 35262 b during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in subdivision (2);
(1) tastes, but does not imbibe, alcoholic liquor only SB3404 Enrolled - 8 - LRB100 19981 MRW 35262 b during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in subdivision (2);
(i) A law enforcement officer may not charge or otherwise SB3404 Engrossed - 9 - LRB100 19981 MRW 35262 b take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(i) A law enforcement officer may not charge or otherwise SB3404 Enrolled - 9 - LRB100 19981 MRW 35262 b take a person into custody based solely on the commission of an offense that involves alcohol and violates subsection (d) or (e) of this Section if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(B) remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical SB3404 Engrossed - 10 - LRB100 19981 MRW 35262 b assistance personnel arrived;
(B) remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical SB3404 Enrolled - 10 - LRB100 19981 MRW 35262 b assistance personnel arrived;
(ii) reported a sexual assault of another person or requested emergency medical assistance SB3404 Engrossed - 11 - LRB100 19981 MRW 35262 b or medical forensic services for another person who had been sexually assaulted;
(ii) reported a sexual assault of another person or requested emergency medical assistance SB3404 Enrolled - 11 - LRB100 19981 MRW 35262 b or medical forensic services for another person who had been sexually assaulted;
and (iii) cooperated with the agency or person to whom the sexual assault was reported if he or she witnessed or reported the sexual assault of SB3404 Engrossed - 12 - LRB100 19981 MRW 35262 b another person.
and (iii) cooperated with the agency or person to whom the sexual assault was reported if he or she witnessed or reported the sexual assault of SB3404 Enrolled - 12 - LRB100 19981 MRW 35262 b another person.
The Sexual Assault Survivors Emergency Treatment Act is amended by changing Section 5 as follows:
The Sexual Assault Survivors Emergency Treatment Act is amended by changing Sections 5 and 6.5 as follows:
(1) appropriate medical examinations and laboratory SB3404 Engrossed - 13 - LRB100 19981 MRW 35262 b tests required to ensure the health, safety, and welfare of a sexual assault survivor or which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, or both;
SB3404 Enrolled - 13 - LRB100 19981 MRW 35262 b (1) appropriate medical examinations and laboratory tests required to ensure the health, safety, and welfare of a sexual assault survivor or which may be used as evidence in a criminal proceeding against a person accused of the sexual assault, or both;
(5) an evaluation of the sexual assault survivor's risk SB3404 Engrossed - 14 - LRB100 19981 MRW 35262 b of contracting human immunodeficiency virus (HIV) from the sexual assault;
SB3404 Enrolled - 14 - LRB100 19981 MRW 35262 b (5) an evaluation of the sexual assault survivor's risk of contracting human immunodeficiency virus (HIV) from the sexual assault;
(c) Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital SB3404 Engrossed - 15 - LRB100 19981 MRW 35262 b emergency department.
(c) Nothing in this Section creates a physician-patient SB3404 Enrolled - 15 - LRB100 19981 MRW 35262 b relationship that extends beyond discharge from the hospital emergency department.
1-1-18.) (410 ILCS 70/6.5) Sec.
6.5.
Written consent to the release of sexual assault evidence for testing.
(a) Upon the completion of hospital emergency services and forensic services, the health care professional providing the forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing.
The written consent shall be on a form included in the sexual assault evidence collection kit and shall include whether the survivor consents to the release of information about the sexual assault to law enforcement.
(1) A survivor 13 years of age or older may sign the written consent to release the evidence for testing.
(2) If the survivor is a minor who is under 13 years of age, the written consent to release the sexual assault evidence for testing may be signed by the parent, guardian, investigating law enforcement officer, or Department of Children and Family Services.
(3) If the survivor is an adult who has a guardian of the person, a health care surrogate, or an agent acting SB3404 Enrolled - 16 - LRB100 19981 MRW 35262 b under a health care power of attorney, the consent of the guardian, surrogate, or agent is not required to release evidence and information concerning the sexual assault or sexual abuse.
If the adult is unable to provide consent for the release of evidence and information and a guardian, surrogate, or agent under a health care power of attorney is unavailable or unwilling to release the information, then an investigating law enforcement officer may authorize the release.
(4) Any health care professional, including any physician, advanced practice registered nurse, physician assistant, or nurse, sexual assault nurse examiner, and any health care institution, including any hospital, who provides evidence or information to a law enforcement officer under a written consent as specified in this Section is immune from any civil or professional liability that might arise from those actions, with the exception of willful or wanton misconduct.
The immunity provision applies only if all of the requirements of this Section are met.
(b) The hospital shall keep a copy of a signed or unsigned written consent form in the patient's medical record.
(c) If a written consent to allow law enforcement to test the sexual assault evidence is not signed at the completion of hospital emergency services and forensic services, the hospital shall include the following information in its SB3404 Enrolled - 17 - LRB100 19981 MRW 35262 b discharge instructions:
(1) the sexual assault evidence will be stored for 10 5 years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 5 years from the age of 18 years, whichever is longer;
(2) a person authorized to consent to the testing of the sexual assault evidence may sign a written consent to allow law enforcement to test the sexual assault evidence at any time during that 10-year 5-year period for an adult victim, or until a minor victim turns 28 23 years of age by (A) contacting the law enforcement agency having jurisdiction, or if unknown, the law enforcement agency contacted by the hospital under Section 3.2 of the Criminal Identification Act;
or (B) by working with an advocate at a rape crisis center;
(3) the name, address, and phone number of the law enforcement agency having jurisdiction, or if unknown the name, address, and phone number of the law enforcement agency contacted by the hospital under Section 3.2 of the Criminal Identification Act;
and (4) the name and phone number of a local rape crisis center.
(Source:
P.A.
99-801, eff.
1-1-17;
100-513, eff.
(720 ILCS 5/3-6) (from Ch.
SB3404 Enrolled - 18 - LRB100 19981 MRW 35262 b (720 ILCS 5/3-6) (from Ch.
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However, SB3404 Engrossed - 16 - LRB100 19981 MRW 35262 b in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense.
(b) A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a SB3404 Enrolled - 19 - LRB100 19981 MRW 35262 b legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense.
However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
SB3404 Engrossed - 17 - LRB100 19981 MRW 35262 b (e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 11-0.1 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim.
(e) Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration, as defined in Section 11-0.1 of this Code, where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of SB3404 Enrolled - 20 - LRB100 19981 MRW 35262 b the offense may be commenced within one year after the discovery of the offense by the victim.
If the SB3404 Engrossed - 18 - LRB100 19981 MRW 35262 b victim consented to the collection of evidence using an Illinois State Police Sexual Assault Evidence Collection Kit under the Sexual Assault Survivors Emergency Treatment Act, it shall constitute reporting for purposes of this Section.
If the victim consented to the collection of evidence using an Illinois State Police Sexual Assault Evidence Collection Kit under the Sexual Assault Survivors Emergency Treatment Act, it shall constitute reporting for purposes of this Section.
Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.
Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced SB3404 Enrolled - 21 - LRB100 19981 MRW 35262 b under any other provision of this Section.
(3) When the victim is under 18 years of age at the time of SB3404 Engrossed - 19 - LRB100 19981 MRW 35262 b the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age.
(3) When the victim is under 18 years of age at the time of the offense, a prosecution for misdemeanor criminal sexual abuse may be commenced within 10 years after the child victim attains 18 years of age.
(j-5) A prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced at any time if it arises out of the same course of conduct and meets the criteria under one of the offenses in subsection (j) of this Section.
SB3404 Enrolled - 22 - LRB100 19981 MRW 35262 b (j-5) A prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced at any time if it arises out of the same course of conduct and meets the criteria under one of the offenses in subsection (j) of this Section.
revised 10-5-17.) SB3404 Engrossed - 20 - LRB100 19981 MRW 35262 b Section 25.
revised 10-5-17.) Section 25.
Use, possession, and consumption of a controlled substance related to sexual assault;
Use, possession, and consumption of a controlled SB3404 Enrolled - 23 - LRB100 19981 MRW 35262 b substance related to sexual assault;
and SB3404 Engrossed - 21 - LRB100 19981 MRW 35262 b (2) provided the amount of substance recovered is within the amount identified in subsection (d) of this Section.
and (2) provided the amount of substance recovered is within the amount identified in subsection (d) of this Section.
(c) A person who, in good faith, reports to law enforcement the commission of a sexual assault against another person or seeks or obtains emergency medical assistance or medical forensic services for a victim of sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog:
(c) A person who, in good faith, reports to law enforcement the commission of a sexual assault against another person or seeks or obtains emergency medical assistance or medical SB3404 Enrolled - 24 - LRB100 19981 MRW 35262 b forensic services for a victim of sexual assault shall not be charged or prosecuted for Class 4 felony possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog:
(4) less than 40 grams of a substance containing SB3404 Engrossed - 22 - LRB100 19981 MRW 35262 b peyote;
(4) less than 40 grams of a substance containing peyote;
(6) less than 40 grams of a substance containing amphetamine or any salt of an optical isomer of amphetamine;
(6) less than 40 grams of a substance containing amphetamine or any salt of an optical isomer of SB3404 Enrolled - 25 - LRB100 19981 MRW 35262 b amphetamine;
(e) The limited immunity described in subsections (b) and SB3404 Engrossed - 23 - LRB100 19981 MRW 35262 b (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the person described in subsection (b) or (c) of this Section taking action to report a sexual assault to law enforcement or to seek or obtain emergency medical assistance or medical forensic services and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance or medical forensic services.
(e) The limited immunity described in subsections (b) and (c) of this Section shall not be extended if law enforcement has reasonable suspicion or probable cause to detain, arrest, or search the person described in subsection (b) or (c) of this Section for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the person described in subsection (b) or (c) of SB3404 Enrolled - 26 - LRB100 19981 MRW 35262 b this Section taking action to report a sexual assault to law enforcement or to seek or obtain emergency medical assistance or medical forensic services and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance or medical forensic services.
(1) The right to be treated with fairness and respect for their dignity and privacy and to be free from SB3404 Engrossed - 24 - LRB100 19981 MRW 35262 b harassment, intimidation, and abuse throughout the criminal justice process.
(1) The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process.
(2) The right to timely notification of all court proceedings.
SB3404 Enrolled - 27 - LRB100 19981 MRW 35262 b (2) The right to timely notification of all court proceedings.
(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless SB3404 Engrossed - 25 - LRB100 19981 MRW 35262 b the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.
(8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.
(9) The right to have present at all court proceedings, including proceedings under the Juvenile Court Act of 1987, subject to the rules of evidence, an advocate and other support person of the victim's choice.
(9) The right to have present at all court proceedings, including proceedings under the Juvenile Court Act of 1987, subject to the rules of evidence, an advocate and other SB3404 Enrolled - 28 - LRB100 19981 MRW 35262 b support person of the victim's choice.
(b-5) Upon the request of the victim, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the victim's incident, as soon as SB3404 Engrossed - 26 - LRB100 19981 MRW 35262 b practicable, but in no event later than 5 business days from the request.
(b-5) Upon the request of the victim, the law enforcement agency having jurisdiction shall provide a free copy of the police report concerning the victim's incident, as soon as practicable, but in no event later than 5 business days from the request.
(c) The Clerk of the Circuit Court shall post the rights of crime victims set forth in Article I, Section 8.1(a) of the Illinois Constitution and subsection (a) of this Section within 3 feet of the door to any courtroom where criminal proceedings are conducted.
(c) The Clerk of the Circuit Court shall post the rights of crime victims set forth in Article I, Section 8.1(a) of the Illinois Constitution and subsection (a) of this Section within 3 feet of the door to any courtroom where criminal proceedings SB3404 Enrolled - 29 - LRB100 19981 MRW 35262 b are conducted.
(b) A victim retains the rights prescribed in subsection (a) of this Section even if the victim has waived these rights SB3404 Engrossed - 27 - LRB100 19981 MRW 35262 b in a previous examination.
(b) A victim retains the rights prescribed in subsection (a) of this Section even if the victim has waived these rights in a previous examination.
The Sexual Assault Incident Procedure Act is amended by changing Section 25 as follows:
The Sexual Assault Incident Procedure Act is amended by changing Sections 25 and 30 as follows:
(725 ILCS 203/25) Sec.
(725 ILCS 203/25) SB3404 Enrolled - 30 - LRB100 19981 MRW 35262 b Sec.
(C) information advising the victim that evidence can be collected at the hospital up to 7 days after the sexual assault or sexual abuse but that the longer the victim waits the likelihood of obtaining evidence SB3404 Engrossed - 28 - LRB100 19981 MRW 35262 b decreases;
(C) information advising the victim that evidence can be collected at the hospital up to 7 days after the sexual assault or sexual abuse but that the longer the victim waits the likelihood of obtaining evidence decreases;
(D) the location of nearby hospitals that provide emergency medical and forensic services and, if known, whether the hospitals employ any sexual assault nurse examiners;
(D) the location of nearby hospitals that provide SB3404 Enrolled - 31 - LRB100 19981 MRW 35262 b emergency medical and forensic services and, if known, whether the hospitals employ any sexual assault nurse examiners;
(2) Offer to provide or arrange accessible transportation for the victim to a hospital for emergency and forensic services, including contacting emergency SB3404 Engrossed - 29 - LRB100 19981 MRW 35262 b medical services.
(2) Offer to provide or arrange accessible transportation for the victim to a hospital for emergency and forensic services, including contacting emergency medical services.
(3) Offer to provide or arrange accessible transportation for the victim to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency civil no contact order under the Civil No Contact Order Act or an order of protection under the Illinois Domestic Violence Act of 1986 after the close of court business hours, if a judge is available.
(3) Offer to provide or arrange accessible transportation for the victim to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency civil no contact order under the Civil No Contact Order Act or an order of protection under SB3404 Enrolled - 32 - LRB100 19981 MRW 35262 b the Illinois Domestic Violence Act of 1986 after the close of court business hours, if a judge is available.
(Source:
P.A.
99-801, eff.
1-1-17.) (725 ILCS 203/30) Sec.
30.
Release and storage of sexual assault evidence.
(a) A law enforcement agency having jurisdiction that is notified by a hospital or another law enforcement agency that a victim of a sexual assault or sexual abuse has received a medical forensic examination and has completed an Illinois State Police Sexual Assault Evidence Collection Kit shall take custody of the sexual assault evidence as soon as practicable, but in no event more than 5 days after the completion of the medical forensic examination.
(a-5) A State's Attorney who is notified under subsection (d) of Section 6.6 of the Sexual Assault Survivors Emergency SB3404 Enrolled - 33 - LRB100 19981 MRW 35262 b Treatment Act that a hospital is in possession of sexual assault evidence shall, within 72 hours, contact the appropriate law enforcement agency to request that the law enforcement agency take immediate physical custody of the sexual assault evidence.
(b) The written report prepared under Section 20 of this Act shall include the date and time the sexual assault evidence was picked up from the hospital and the date and time the sexual assault evidence was sent to the laboratory in accordance with the Sexual Assault Evidence Submission Act.
(c) If the victim of a sexual assault or sexual abuse or a person authorized under Section 6.5 of the Sexual Assault Survivors Emergency Treatment Act has consented to allow law enforcement to test the sexual assault evidence, the law enforcement agency having jurisdiction shall submit the sexual assault evidence for testing in accordance with the Sexual Assault Evidence Submission Act.
No law enforcement agency having jurisdiction may refuse or fail to send sexual assault evidence for testing that the victim has released for testing.
(d) A victim shall have 10 5 years from the completion of an Illinois State Police Sexual Assault Evidence Collection Kit, or 10 5 years from the age of 18 years, whichever is longer, to sign a written consent to release the sexual assault evidence to law enforcement for testing.
If the victim or a person authorized under Section 6.5 of the Sexual Assault Survivors Emergency Treatment Act does not sign the written SB3404 Enrolled - 34 - LRB100 19981 MRW 35262 b consent at the completion of the medical forensic examination, the victim or person authorized by Section 6.5 of the Sexual Assault Survivors Emergency Treatment Act may sign the written release at the law enforcement agency having jurisdiction, or in the presence of a sexual assault advocate who may deliver the written release to the law enforcement agency having jurisdiction.
The victim may also provide verbal consent to the law enforcement agency having jurisdiction and shall verify the verbal consent via email or fax.
Upon receipt of written or verbal consent, the law enforcement agency having jurisdiction shall submit the sexual assault evidence for testing in accordance with the Sexual Assault Evidence Submission Act.
No law enforcement agency having jurisdiction may refuse or fail to send the sexual assault evidence for testing that the victim has released for testing.
(e) The law enforcement agency having jurisdiction who speaks to a victim who does not sign a written consent to release the sexual assault evidence prior to discharge from the hospital shall provide a written notice to the victim that contains the following information:
(1) where the sexual assault evidence will be stored for 10 5 years;
(2) notice that the victim may sign a written release to test the sexual assault evidence at any time during the 10-year 5-year period by contacting the law enforcement agency having jurisdiction or working with a sexual assault SB3404 Enrolled - 35 - LRB100 19981 MRW 35262 b advocate;
(3) the name, phone number, and email address of the law enforcement agency having jurisdiction;
and (4) the name and phone number of a local rape crisis center.
Each law enforcement agency shall develop a protocol for providing this information to victims as part of the written policies required in subsection (a) of Section 15 of this Act.
(f) A law enforcement agency must develop a protocol for responding to victims who want to sign a written consent to release the sexual assault evidence and to ensure that victims who want to be notified or have a designee notified prior to the end of the 10-year 5-year period are provided notice.
(g) Nothing in this Section shall be construed as limiting the storage period to 10 5 years.
A law enforcement agency having jurisdiction may adopt a storage policy that provides for a period of time exceeding 10 5 years.
If a longer period of time is adopted, the law enforcement agency having jurisdiction shall notify the victim or designee in writing of the longer storage period.
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Action History

  1. Public Act . . . . . . . . . 100-1087

  2. Effective Date January 1, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Added as Co-Sponsor Sen. Thomas Cullerton

  6. Passed Both Houses

  7. Senate Concurs

  8. House Floor Amendment No. 1 Senate Concurs 054-000-000

  9. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 010-000-000

  10. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive

  11. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  12. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Kwame Raoul

  13. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2018

  14. Secretary's Desk - Concurrence House Amendment(s) 1

  15. Added Alternate Chief Co-Sponsor Rep. Frances Ann Hurley

  16. Added Alternate Chief Co-Sponsor Rep. Jonathan Carroll

  17. Added Alternate Co-Sponsor Rep. Patricia R. Bellock

  18. Third Reading - Short Debate - Passed 117-000-000

  19. Final Action Deadline Extended-9(b) May 31, 2018

  20. Added Alternate Chief Co-Sponsor Rep. Carol Ammons

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 1 Adopted

  23. Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

  24. Added Alternate Co-Sponsor Rep. Rita Mayfield

  25. Added Alternate Co-Sponsor Rep. Terri Bryant

  26. House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000

  27. Held on Calendar Order of Second Reading - Short Debate

  28. Second Reading - Short Debate

  29. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  30. House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee

  31. House Floor Amendment No. 1 Referred to Rules Committee

  32. House Floor Amendment No. 1 Filed with Clerk by Rep. Christian L. Mitchell

  33. Added Alternate Co-Sponsor Rep. Tony McCombie

  34. Placed on Calendar 2nd Reading - Short Debate

  35. Do Pass / Short Debate Judiciary - Criminal Committee; 012-000-000

  36. Assigned to Judiciary - Criminal Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Chief House Sponsor Rep. Christian L. Mitchell

  40. Arrived in House

  41. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  42. Third Reading - Passed; 054-000-000

  43. Placed on Calendar Order of 3rd Reading

  44. Senate Floor Amendment No. 3 Adopted; Raoul

  45. Recalled to Second Reading

  46. Added as Chief Co-Sponsor Sen. Elgie R. Sims, Jr.

  47. Senate Floor Amendment No. 3 Recommend Do Adopt Criminal Law; 009-000-000

  48. Senate Floor Amendment No. 3 Assignments Refers to Criminal Law

  49. Senate Floor Amendment No. 3 Referred to Assignments

  50. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Kwame Raoul

  51. Placed on Calendar Order of 3rd Reading April 23, 2018

  52. Second Reading

  53. Senate Floor Amendment No. 2 Adopted; Raoul

  54. Senate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-000

  55. Senate Floor Amendment No. 2 Assignments Refers to Criminal Law

  56. Senate Floor Amendment No. 2 Referred to Assignments

  57. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul

  58. Added as Chief Co-Sponsor Sen. Michael Connelly

  59. Placed on Calendar Order of 2nd Reading April 10, 2018

  60. Do Pass as Amended Criminal Law; 011-000-000

  61. Senate Committee Amendment No. 1 Adopted

  62. Senate Committee Amendment No. 1 Assignments Refers to Criminal Law

  63. Senate Committee Amendment No. 1 Referred to Assignments

  64. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul

  65. Assigned to Criminal Law

  66. Referred to Assignments

  67. First Reading

  68. Filed with Secretary by Sen. Kwame Raoul

Sponsors

Sponsorship breakdown

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0 sponsors · 6 co-sponsors · 177 not signed on

Sponsors (0)

None.

Co-sponsors (6)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democrat 14001
Republican 8001
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Mulroe — Yea
Link — Yea
McCann — Yea
McCarter — Not Voting
McConnaughay — Yea
Muñoz — Yea
Nybo — Yea
Bennett — Yea
Raoul — Yea
McGuire — Yea
Silverstein — Yea
Steans — Yea
Brady — Yea
Cullerton — Yea
Cullerton, T. — Yea
Rooney — Not Voting
Harris — Not Voting
Bush — Yea
Clayborne — Yea
Connelly — Yea
Haine — Yea
Hutchinson — Yea
Oberweis — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Landek — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 73001
Republican 12000
Democrat 32000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
McAuliffe — Yea
Parkhurst — Yea
Bennett — Yea
Sauer — Yea
Brady — Yea
Frese — Yea
Greenwood — Yea
Lang — Yea
Harris, Gregory — Yea
Long — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
McDermed — Yea
McSweeney — Yea
Stewart — Yea
Stratton — Yea
Jones — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Wallace — Yea
Wehrli — Yea
Welter — Yea
Davis — Yea
Willis — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Williams — Yea
Mitchell, Christian — Yea
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Durkin — Yea
Hays — Yea
Ives — Yea
Jesiel — Yea
Finnie, Natalie — Yea
Madigan — Yea
Harris, David — Not Voting
Winger — Yea
Yingling — Yea
Zalewski — Yea
Flowers — Yea
Fortner — Yea
Hurley — Yea
Jimenez — Yea
Olsen — Yea
Phillips — Yea
Pritchard — Yea
Reis — Yea
Riley — Yea
Sente — Yea
Skillicorn — Yea
Sommer — Yea
Soto — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31004
Democrat 14001
Republican 9000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
McConnaughay — Not Voting
Landek — Yea
McCann — Yea
Clayborne — Yea
McCarter — Yea
Rooney — Yea
Mulroe — Yea
Muñoz — Yea
Oberweis — Yea
Steans — Yea
Bennett — Yea
Harris — Yea
Brady — Yea
Haine — Yea
Cullerton — Yea
Cullerton, T. — Yea
Link — Yea
McGuire — Not Voting
Connelly — Yea
Silverstein — Not Voting
Hutchinson — Yea
Nybo — Yea
Raoul — Yea
Righter — Not Voting
Sandoval — Yea
Schimpf — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Not Voting
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 3404 do?
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.
Who sponsors SB 3404?
SB 3404 is sponsored by Kwame Raoul, Tony M. McCombie (Republican), Rita Mayfield (Democrat), Kelly M. Cassidy (Democrat), Patricia R. Bellock, and Terri Bryant (Republican).
What is the current status of SB 3404?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track SB 3404?
Track SB 3404 free on One Click Politics — get push/email alerts when it moves.

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